IMPORTANT POINT
‘One Bar One Vote’ approved.

Headnote:(a) Bar Association – Formation of Bar association is in the nature of aid to the Advocates Act, 1961 and other relevant statutes – Court annexed Bar Associations such as Supreme Court Bar Association constitute a separate class different from other lawyers associations such as Lawyers’ Forum, All India Advocates’ Association, etc. – Court annexed Bar Associations function as part of the machinery for administration of justice and their name starts with the name of the Court – All other associations are court recognised – By implication the court annexed Bar association is an association representing members regularly practicing in the court and responsible for proper conduct of its members in the court and for ensuring proper assistance to the court – Therefore, the court provides space for office of the association, library and all necessary facilities – Enrolment of advocates not practicing regularly in the court as members is inconsistent with the main aim and object of the Association – Duties of the members of the Supreme Court Bar Association contemplate that the members should be regular practitioners in the Supreme Court. (Paras 11 to 14)
        (b) Rules and Regulations of the SCBA – Rule 18 – Amendment – The general statutorily recognised principle being ‘one person one vote’; the resolution amending rule 18 requiring ‘One Bar One Vote’ cannot be held illegal or unconstitutional – The amended rule 18 does not affect any of the aims and objectives of the SCBA – On the contrary, it promotes and protects privileges, interest and prestige of the SCBA (Paras 15 and 16)
        (c) Societies Registration Act, 1860 – Section 12 – A society is invested with the power to frame rules/regulations to govern the body of the society – In built in it is the authority to alter or abridge such power – Therefore the SCBA is competent to amend the Rule 18. (Para 18)
        (d) Rules and Regulations of the SCBA – Rule 18(1)(iv) – Rule 18(1)(iv) declares that non-active members and associate members shall not have right to vote – Thus the SCBA is constituted primarily for those advocates who are regularly practicing in the Supreme Court – Other advocates can become non-resident senior members, non-resident members, associate members and non-active members, but they will not be eligible to vote much less to contest the election – Therefore the amendment in Rule 18 is wholly consistent with the aims and objectives of the SCBA. (Para 19)
        (f) Code of Civil Procedure, 1908 – Order XXXIX, Rules 1 and 2 r/w section 151 – Interim relief which has tendency to allow the final relief claimed in the proceedings, should not be granted lightly – In absence of any special circumstances justifying the interim relief and grant of the same at the interim stage being not warranted, not sustainable – In any Body governed by democratic principles, no member has a right to claim an injunction so as to stall the formation of the Governing Body of the Association – No such right exists in election matters – Right to vote is neither common law right nor fundamental right but is a statutory right which is always subject to the qualifications prescribed and limitations imposed thereunder – Further, by the amendment in Rule 18 of the SCBA Rules the right to vote is not taken away but is preserved subject to certain restrictions on its exercise – This could always be done. (Paras 20 to 23)
        (g) Rules and Regulations of the SCBA – Rule 18 – The amended Rule 18 does not take away the right to vote in Bar association election – It only puts restrictions that an advocate can vote in election of only one Bar Association, either Supreme Court or High Court or District Court etc. – No infirmity – Such restriction in fact subserves Article 145 of the Constitution and other statutory provisions relating to advocates. (Para 24)
        (h) Constitution of India – Article 19(1)(c) r/w SCBA Rules – The right to form an association is a Fundamental Right – The provision in the SCBA Rules for prescribing eligibility to vote at only one of the associations, i.e., “One Bar One Vote” is a prescription which is in furtherance of the right to form association and be able to manage the affairs of the association by those who regularly practice in the courts of which the association is formed and of which the members are regular practitioners – Importantly, the amended rule does not debar such members who vote in another Association from membership of the SCBA (Para 25)
        (1971) 1 SCC 678; (2005) 5 SCC 632 – Relied upon
        (i) Code of Civil Procedure, 1908 – Order XXXIX rules 1 and 2 – Rule 18 of the SCBA amended only to put restrictions to promote and protect the privileges, interest and prestige of the SCBA and to promote and maintain high standards of profession amongst Members of the Bar – It did not take away the right to vote – Once a person becomes a member of the association, such a person looses his individuality qua the association and he has no individual rights except those given to him by the rules and regulations and/or bye-laws of the association – Injunction granted by court below not sustainable. (Paras 26 to 28)
        (j) Rules and Regulations of the SCBA – Rule 39 – The authority to frame, amend, vary and rescind such rules, vests in the General Body of the Members of the Society – The power to amend the rules is implicit in the power to frame rules – No infirmity in amending rule 18. (Para 29)
        (k) Rules and Regulations of the SCBA – Rules 21, 22 and 23 – Notice for special meeting by affixation on the notice board and by circulating the notice with cause list is sufficient notice – Individual notice not required. (Paras 30 and 31)
        (l) Election process – Once election process has started the courts should not ordinarily interfere with the said process by way of granting injunction. (Para 33)
        (m) Code of Civil Procedure, 1908 – Order XXXIX rules 1 and 2 – Suit filed in individual capacity and not representative capacity – Yet relief granted made applicable to all advocates – Not permissible. (Para 34)
        (n) Rules and Regulations of the SCBA – Rule 18 – One Bar One Vote – Directions issued for implementation. (Para 37)

JUDGMENT

J.M. Panchal, J. —

Since common issues for determination are involved in Civil Appeal No. 3401 of 2003 and Civil Appeal No. 3402 of 2003, this Court proposes to dispose them of by this common judgment.

2. Civil Appeal No. 3401 of 2003 is filed by three appellants, i.e., (1) Supreme Court Bar Association (Registered), through its Honorary Secretary Mr. Ashok Arora, (2) Shri Ashok Arora, Honorary Secretary of Supreme Court Bar Association and (3) Ms. Sunita B. Rao, Coordinator, Implementation Committee, Supreme Court Bar Association (for short “SCBA”), Tilak Marg, New Delhi. It is directed against interim order dated April 5, 2003, passed by learned Civil Judge, Delhi below application filed under Order 39 Rules 1 and 2 read with Section 151 of Civil Procedure Code (CPC) filed in Civil Suit No. 101 of 2003. Civil Appeal No. 3402 of 2003 is filed by Supreme Court Bar Association through its Honorary Secretary against interim order dated April 5, 2003, passed by the learned Civil Judge below application filed under Order 39 Rules 1 and 2 read with Section 151, CPC, filed in Civil Suit No. 101 of 2003. By the common order, the appellants are restrained from implementing the resolution dated February 18, 2003 amending Rule 18 of the Rules and Regulations of SCBA till the final disposal of both the suits.

3. The respondent in Civil Appeal No. 3401 of 2003 is Shri B.D. Kaushik whereas the respondent in Civil Appeal No. 3402 of 2003 is Shri A.K. Manchanda. Both the respondents are the advocates practicing in Delhi. They are members of SCBA, Delhi High Court Bar Association, Delhi Bar Association, Tis Hazari Courts, Delhi, etc. The appellant No. 1, i.e., Supreme Court Bar Association is a Society registered on August 25, 1999 under the Societies Registration Act, 1860 and its Registration No. is 35478 of 1999. The Registered Office of the Association is in Supreme Court premises at New Delhi. The provisions of the Societies Registration Act, 1860 empower a society to frame Memorandum of Association and Rules and Regulations. In exercise of those powers the Association has framed Memorandum of Association of the SCBA as also the Rules and Regulations. The aims and objectives of the Association are specified in Clause 3 of the Memorandum of Association, which are as under: -

“3. AIMS AND OBJECTIVES: The Aims and Objectives of the association are:

i) To promote upholding of rule of law;

ii) To encourage profession of law in India;

iii) To promote and protect the privileges, interest and prestige of the association and to promote union and cooperation among the advocates practicing in the court and other associations and advocates;

iv) To promote and maintain high standards of profession among members of the Bar;

v) To establish and maintain an adequate library for the use of the members and to provide other facilities and convenience to the members;

vi) To watch the state of law, progress of legislation and administration of justice and to take such steps as may be necessary for their progress and reform;

vii) To express opinion on proposed legislation and other matters of interest and to make representation in respect thereof;

viii) To take necessary steps to prevent and remedy any abuse of law or mal- administration of justice;

ix) To make representation from time to time to the authorities on matters affecting the Bar;

x) To acquire and safeguard the rights and privileges necessary or convenient for the purpose of the association;

xi) To arrange for raising funds for legal aid and to do everything including applying of funds that may be necessary to that end;

xii) To promote and participate in All India Lawyers’ Association and activities connected therewith;

xiii) To adopt all such matters as might be necessary or incidental to the carrying out of the aforesaid objects;

xiv) To take measures including founding and applying of funds for aid to deserving members of the association and its employees;

xv) To conduct and hold seminars, symposia, c

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2011 Supreme(SC) 942

IMPORTANT POINT ‘One Bar One Vote’ approved.

Cases Referred (4)

IMPORTANT POINT
‘One Bar One Vote’ approved.